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School officials don't report abuse, charged
Not one for law n order usually, but I am pleased with this. Jerks.
[b]Former C.W. Jefferys school officials face charges[/b]
[i]Last Updated: Monday, January 7, 2008 | 9:01 AM ET [/i]
CBC News
Toronto Police have charged the former principal and two vice-principals at C.W. Jefferys Collegiate with failing to report an alleged sexual assault on a female student, sources have told CBC News.
The school officials, who are on home leave, are facing charges under the Ontario Child and Family Services Act for failing to report the alleged assault.
Police have already charged six males with gang sexual assault, forcible confinement and conspiracy to commit an indictable offence in connection with the incident in which a female student was allegedly sexually assaulted in October 2006.
School officials are required to report this kind of incident to police or the Children's Aid Society.
Information concerning the alleged sexual assault surfaced during the course of an internal investigation following the shooting death of 15-year-old Jordan Manners.
[url=http://www.cbc.ca/canada/toronto/story/2008/01/07/cw-jeffreys.html]Full story.[/url]
It's quite rare for actual charges to be laid under this legislation, although warnings of charges and/or reporting to the appropriate professional college are quite common.
[ 08 January 2008: Message edited by: oldgoat ]
There is conversation that they didn't realize this law applied to student on student assault, just adult on student.
I'm so steamed about this, I always told me daughter to go to a teacher (pre cell phone) if in trouble.
Makes me sick [img]mad.gif" border="0[/img]
I am unsure precisely what the charge may be. However, it is not clear that the principal, etc, had any such duty. But it may be that the facts are different than what is reported.
I think the relevant law is par. 72(1) of the Act:
If a person, including a person who performs professional or official duties with respect to children, has reasonable grounds to suspect one of the following, the person shall forthwith report the suspicion and the information on which it is based to a society:
and the sex abuse paragraphs: You must report, as above, where
3. The child has been sexually molested or sexually exploited, by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual molestation or sexual exploitation and fails to protect the child.
So, unless the principal, etc suspected that the effective PARENT ("person having charge of the child", above, FAILS TO PROTECT THE CHILD from sexual molestation, then there is no duty to report.
I think the intention of the section is to have principals report on parents who let another parent or lover abuse a child. I doubt it is meant to turn principals into roving police officers, required to report any rumoured sexual abuse among students.
I just finished reading the legislation and see their point, however, during the school day they were the people in charge of the child, and the child was in need of protection under the law as a result of their (the administrators) failure to protect. Both the principal and the VP's were aware of the issue, and it is alleged they did nothing. They had a duty to report eachother.
Originally posted by oldgoat:
[b]I just finished reading the legislation and see their point, however, during the school day they were the people in charge of the child, and the child was in need of protection under the law as a result of their (the administrators) failure to protect. Both the principal and the VP's were aware of the issue, and it is alleged they did nothing. They had a duty to report eachother.[/b]
I think there is way too much tolerance by staff of sexual harassment and assault among students. I am glad they are being charged and this issue is being clarified.
This may be perceived as beside the point, but it is about school officials not reporting abuse against youths, indeed, covering them up.
I am talking about the arrangements between campus authorities and police forces that allow high school/university campuses to be treated as off-limits for police intervention in cases of sexual assault.
It is my understanding that most schools have sexual assault intervention "protocols", engineered to protect the institution's reputation. Under the pretense of protecting victims or of ensuring more humane or even effective intervention and support of victims, university authorities often obtain from municipal authorities that police officers defer to internal "resources" for "dealing with" sexual assaults.
As a result, date/fraternity rapists are sometimes chided but rarely prosecuted. In effet, this is tantamount to cover-ups and decriminalization.
Has this been discussed on Babble before? Can someone provide significant data about this pattern? For instance, is the funding of sexual assault crisis centres dependent on going along with this diversion process and have some feminists tried to fight it?
[ 08 January 2008: Message edited by: martin dufresne ]
Is the "person having charge of the child" necessarily only the parent, etc? When I send my kids to school I entrust them to the care of their teachers and ultimately, the school principal. If these authorities have knowledge of sexual offences being committed against my child [i]at the school[/i], there is no question in my mind that they should be legally required to report it to me and the police.
(ETA: Sorry oldgoat, I see that you have already made this point.)
Also, if the teachers and principal know or ought to know of this taking place at the school, and they fail to report it to the parent or guardian and police, would that not expose the staff and the school board to the possibility of a civil suit?
[ 09 January 2008: Message edited by: triciamarie ]
Originally posted by jeff house:
[b]I think the intention of the section is to have principals report on parents who let another parent or lover abuse a child. I doubt it is meant to turn principals into roving police officers, required to report any rumoured sexual abuse among students.[/b]
I think this is probably correct.
According to a footnote in this 1999 article in the [url=http://www.law.ualberta.ca/centres/hli/pdfs/hlj/v7/renkefrm.pdf]Health Law Journal[/url] (.pdf), a "person having charge" of the child does not have to be a parent. Presumably it could be a teacher or a principal.
Also, it appears that the obligation to report has been held to apply only to cases of suspected abuse [b]by a "person in charge"[/b]. I don't know if that has changed since 1999, either through judicial interpretation or statutory amendment.
Under this broad language, a day care worker was found to be a "person having charge of the child," respecting whom a report of abuse should have been made: R. v. Kates, [1987] O.J. No. 2032 (Dist. Ct.), Gotlib D.C.J, paras. 28-31; rev'g [1986] O.J. No. 2185 (Prov. Div.), Fisher Prov. J. Even under the broad Ontario language, the reporting obligation is not engaged where an allegation of sexual assault relates to a perpetrator who does not have "charge" of the child: R. v. Rahalkar, [1995] O.J. No. 653 (Gen. Div.), Abbey J. (an uncle); R. v. Stachula, [1984] O.J. No. 685 (Prov. Ct. Fam. Div.), Main Prov. Ct. J. (a brother).
[url=http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c11_e... 79:[/url]
In this section,
"abuse" means a state or condition of being physically harmed, sexually molested or sexually exploited.
(2)No person having charge of a child shall,
(a) inflict abuse on the child; or
(b) by failing to care and provide for or supervise and protect the child adequately,
(i) permit the child to suffer abuse.
So the teacher and principal have a duty to protect the student.
Note, by the way, that the duty to report "applies to every person who performs professional or official duties with respect to children including,
(a) a health care professional, including a physician, nurse, dentist, pharmacist and psychologist;
(b) a teacher, school principal, social worker, family counsellor, operator or employee of a day nursery and youth and recreation worker;
(b.1) a religious official, including a priest, a rabbi and a member of the clergy;
(b.2) a mediator and an arbitrator;
(c) a peace officer and a coroner;
(d) a solicitor; and
(e) a service provider and an employee of a service provider."
"service provider" means,
(a) the Minister,
(b) an approved agency,
(c) a society,
(d) a licensee, or
(e) a person who provides an approved service or provides a service purchased by the Minister or an approved agency.
"Service" means,
(a) a child development service,
(b) a child treatment service,
(c) a child welfare service,
(d) a community support service, or
(e) a youth justice service; ("service")
That's a lot of whistle blowers who have to report each other. As it should be.
OK, Wilf, but is it still the law in Ontario that "the reporting obligation is not engaged where an allegation of sexual assault relates to a perpetrator who does not have 'charge' of the child"?
Doesn't sound like it to me if this is true:
[b](2)No person having charge of a child shall,[/b]
(a) inflict abuse on the child; or
(b) by failing to care and provide for or supervise and protect the child adequately,
[b](i) permit the child to suffer abuse.[/b]
Originally posted by Michelle:
[b]Doesn't sound like it to me...[/b]
But the passage you quoted doesn't contradict the idea that, unless [b]the abuser himself[/b] is a person having charge of a child, the obligation to report the abuse to the CAS or police is not "engaged".
[url=http://www.theglobeandmail.com/servlet/story/RTGAM.20080110.wschool0110/...'Culture of fear' plagues Toronto schools[/url]
Since Jan. 13, 2006, the panel says it found 177 violent incidents in schools across the district — they include gun incidents, robberies and sexual assaults. The panel found there were guns in select schools across the city "in non-trivial numbers."
At Westview Centennial secondary school near the corner of Jane and Finch, the panel found that one of every three female students said they have been the victim of sexual harassment at their school over past two years. Almost 30 per cent of female students at the school said they had experienced unwanted sexual contact over that period of time.
Twenty-nine female students said they had been victims of major sexual assault at the school.
At C.W. Jefferys, almost 20 per cent of female students said they had been the victims of sexual assault, the report said.
One of the most shocking side effects of the panel's investigation over the past few months was the discovery of the alleged sexual assault of a female Muslim student at C.W. Jefferys. The final report sheds more light on the incident, which took place in October, 2006.
According to the report, several students approached a female teacher to report that a Muslim girl had been sexually assaulted in the second-floor boys washroom by a group of boys.
"The students came forward because they were concerned that the boys involved were targeting girls who were unpopular and isolated," the report says.
The female teacher and the students told a vice-principal about the alleged attack, but neither police or her parents were informed, the report says.
As more students heard about what happened, however, the female student was further harassed by other students, although steps were taken to curb abuse, the report says.
The female student was eventually transferred to another school at the request of both her and her father. But no steps were taken to remove the alleged attackers from school, the report says.
The former principal and two vice-principals at C.W. Jefferys have been charged under Ontario's Child and Family Services Act with failing to report an alleged sexual assault on a student, Toronto District School Board education director Gerry Connelly confirmed this week, before the final report's release.
Disgusting lack of spine by those in authority.
In history, there has never been an instance of an intellectually superior progressive society conquering an inferior primitive society.
It is incumbent upon a progressive society to protect vulnerable individuals,not succumb to a culture of victimhood, where the root causes of perpetrators of violence are considered more important than the suffering of the victims.
If progressive types don't have the spine to report assaults,they should be held accountable. They should also have the resources to counter growing anarchy in schools.
From the section Michelle quoted it appears that when "a person having charge of a child" fails to adequately supervise and protect the child such that the child is permitted to suffer abuse, that person is violating this law.
Does this violation not trigger the obligation to report? That wouldn't make any sense.
The article isn't very clear about what those charged knew about the sexual assault and when they knew about it.
Having said that, I think one of the huge problems we have in protecting kids and other vulnerable people is that managers of both public and private institutions attempt to cover up crimes against such people in effort to protect the institution in which, or under which, the crimes took place.
It's a subtle bit of evil, and if the people charged here turn out to be of that ilk, then I'm happy they are charged. And I will be happy to see them found guilty if the evidence confirms this kind of thing.
But, since the courts are as bad at this kind of evil as any other institution, I will not hold my breath.
The law is a capricious thing, and a stranger to justice.
[url=http://www.thestar.com/News/article/293556]Bureaucratic wrangling over who was invited to speak to the panel[/url]
Good grief.
She has had seven students murdered under her watch in seven years as a Toronto school superintendent, and Phyllis Hill says she would have a lot to say to Julian Falconer about how each horrific young death is complex, and different, and raises unique questions.
But she says she was never asked.
Hill and many others among the board's 24 superintendents said yesterday they did not turn down any invitation to speak with the Falconer task force on school safety, because the panel never specifically asked them – in which case they would have said yes.
"There was no invitation, not even a sort of cattle-call for superintendents to meet with the panel because it seemed they were focusing on that northwest quadrant of the city" where C.W. Jefferys student Jordan Manners was slain last May, Hill said.
Most "would not meet with us," said Falconer, suggesting this may have been part of "a culture of silence" stifling discussion of problems.
Superintendent Michael Smith also said he never got a direct invitation. "I would have been delighted to meet with the panel and I hope the panel knew that," said Smith, whose schools range from Pottery Rd. to Sheppard Ave.
"Why would we turn it down? Our board commissioned the report."
When Falconer was asked last night if Hill and Smith and others were never asked to contribute their views, he replied simply: "No."
He said the superintendents all knew that the panel consultations were going on for six months, "and notwithstanding this knowledge, most disappointingly to the panel, they chose not to meet."
"I assume they have their reasons, but it's simply inconceivable it was because they didn't feel invited."
Your link should have had a warning, Michelle.
It broke the needle on my bullshit detector.
Where is "labour's voice" in this debate?
Has there been a response to this report from the teacher's federation?
I just find it rather quiet on the teacher's side considering the charges laid, the stress of being a teacher and the whole cuts to education over the past 10 years
Oh, I'm sure they'll weigh in if they haven't already.
On the larger issue of the violence in Toronto schools, there may be a place for such a voice. To keep this short, suffice to say that you can't address this issue without addressing countless others. It's an understatement to say it is "complex".
But on the other issue of a student coming forward to complain about a sexual assault or abuse, or harassment, people need to stop thinking of themselves as "teachers" or "union members" or anything other than just a person.
I do not have a glorious occupation. But there was a time, years ago when I had to do periodic quality checks on certain truck components. If they were the wrong size, or certain angles were not correct, they could potentially end up killing members of the public, and/or people who service those components. We know this because faulty components had killed, and maimed before.
There were times when I'd find something wrong, which meant that one of my friends, one of my coworkers, one of my union brothers had screwed up, and were in line for discipline.
To protect the public-- which also includes my friends, co-workers and other union brothers and sisters and their families, I couldn't put the short sighted relationships before that. It never crossed my mind.
I'm not trying to say that what I used to do-- and continue to do-- is some heroic function. It's rather mundane, ordinary, and in the grand scheme of things not terribly important.
But it strikes me that this simple and no brainer kind of ethic must get somehow siphoned out of people's brains when they get a professional degree. Then the priority seems to protect the institution, or their "professional association brothers and sisters". At the public's expense.
And, quite regularly, and without much negative comment, at the expense of the most vulnerable members of our society.
Teachers are blaming parents, which is probably fair enough in most cases. But I hope when it really counts, teachers are teachers second, and people first.
But on the other issue of a student coming forward to complain about a sexual assault or abuse, or harassment, people need to stop thinking of themselves as "teachers" or "union members" or anything other than just a person.
However, a "person" cannot be charged with failure to report anything. A "person" will listen to an allegation, decide whether there is enough to it to do something about it, and then either report, or not report.
As soon as you make it an offence for certain categories of people to fail to do something, it's too late to ask them to react out of pure human kindness.
However, a "person" cannot be charged with failure to report anything.
A woman was just recently sentenced to around seven years for being a witness to on going abuse of another woman, and not reporting it.
I remember back to a trial here in London where a good number of people were charged with premeditated murder, even though they did not directly participate in it. They happened to have been at the table at the bar when those who did commit the murder planed the crime. It was the Baxbaum case, which had some national profile for a time.
Charges were dropped in return for testimony.
But I think, yes, persons can be charged for not reporting something.
And well they should.
Tommy_Paine, do you have a link to a summary of the case you mentioned?
[ 15 January 2008: Message edited by: 21st Century Anarchist ]
Here's the link to the report in the Toronto Star.
[url=http://www.thestar.com/News/GTA/article/247572]from the star[/url]
And we discussed it [url=http://www.rabble.ca/babble/ultimatebb.php?ubb=get_topic&f=24&t=001244]h...
As for the Bauxbaum case, That was many years ago, and I doubt there'd be links to anything about people in the presence of the planing of the murder being charged. I found one reference to the others charged, but the site it linked to was down.
Originally posted by Tommy_Paine:
... managers of both public and private institutions attempt to cover up crimes against such people in effort to protect the institution in which, or under which, the crimes took place.
It's a subtle bit of evil, [/b]
So true!
In so many contexts, efforts are geared only to preserving the status quo institutions, the 'public good' is not the purpose. Almost any employee of any institution, public or private, can tell you that.
I think this says we have lost our way in our 'democracy'. It has ceased to evolve.
Originally posted by jeff house:
However, a "person" cannot be charged with failure to report anything. A "person" will listen to an allegation, decide whether there is enough to it to do something about it, and then either report, or not report.
As soon as you make it an offence for certain categories of people to fail to do something, it's too late to ask them to react out of pure human kindness.[/b]
True enough. The expectation of "pure human kindness" is folly. People will react out of duty and compulsion - like food and paycheques - however. I'm all for semi-objective measures in this sort of case: If you hear about it, report it. Full stop. Do not pass Go, do not collect $200 dollars (until the next pay period, of course...) We need to operate based on imaginings of the [i]worst possible scenario[/i] and not hope for a sliver of intelligence and conscience out of pack animals concerned for the welfare of the pack and their place in it first and foremost. Something we all become in one way or another.
What has to be realized is that there is no separation between self interest and so called "altruism". Regardless of who we are and what we do, if we know, or ought reasonably to know, that someone has been harmed, is being harmed, or will be harmed, we have an [i]obligation to ourselves[/i] to do what is reasonable to stop or prevent it.


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Founded in 1954 as Psykologiförlaget
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Michael Jackson: The Final Days
Aired April 5, 2013 - 22:00 ET
ANDERSON COOPER, CNN ANCHOR: Few were more talented or more troubled. Few were so loved by many or so exploited both in life and in death as Michael Jackson. Now, nearly four years after his death, with his doctor in jail for involuntary manslaughter, his family has launched a lawsuit with billions of dollars at stake -- in the legal background, child abuse charges and that history of drug abuse, at center stage, his three children, somewhere in the wings, Dr. Conrad Murray, telling his story exclusively to CNN. In what is already too bizarre for words and almost too sad to say, the story of Michael Jackson's death is roaring back to life. Here's Don Lemon. (BEGIN VIDEOTAPE) (CHEERING AND APPLAUSE) MICHAEL JACKSON, MUSICIAN: These will be my final performances in London. This will be it. This is the final curtain call. DON LEMON, CNN CORRESPONDENT (voice-over): A curtain call Michael Jackson would never make. He had spent months rehearsing for his big comeback in 2009, a series of 50 concerts in London. His unexpected death came just two weeks before showtime. UNIDENTIFIED MALE: Hold for applause. Hold for applause. Slow umbrella fadeout. LEMON: Michael's mother, Katherine, and his children filed an 18-page complaint against AEG Live, the company behind Jackson's planned This Is It concerts. I spoke to Jackson family attorney Kevin Boyle about the family's lawsuit. LEMON (on camera): Why is Mrs. Jackson and the kids and the family suing AEG? KEVIN BOYLE, JACKSON FAMILY ATTORNEY: Well, what I can tell you about the lawsuit is, it's very simple. And it's that AEG defendants are negligent in their hiring, retaining or supervising of Dr. Conrad Murray, which led to the death of Michael Jackson. UNIDENTIFIED FEMALE: Guilty of the crime of involuntary manslaughter. LEMON (voice-over): Conrad Murray, the doctor found guilty in the pop icon's death, is appealing his involuntary manslaughter conviction. We sat down with his attorney, Valerie Wass, to talk about the appeal and Murray's potential verdict in this trial. (on camera): If I ask you the same thing over.. VALERIE WASS, ATTORNEY FOR CONRAD MURRAY: That's him. LEMON: Is that him? WASS: I think Dr. Murray is calling. Can I answer? LEMON: OK. Yes. We can record? Can we roll on it? (voice-over): The interview took a dramatic turn just as it was getting started. How are you? (voice-over): Dr. Murray was calling from jail. (on camera): No one has heard that from you. (voice-over): And after some convincing, he agreed to speak with me and share his thoughts on being blamed for Jackson's death. (on camera): Do you think that you have been made out to be a villain? DR. CONRAD MURRAY, CONVICTED FELON: I don't want to pass judgment on others. I can see that I am a scapegoat. There is no doubt about it. All of the mishaps that he has encountered in life seems to trickle down on me. Nobody has taken any responsibilities for anything that they may have done to this man. But because I was in the wrong place at the wrong time, here I am. LEMON (voice-over): Murray may be asked to testify for either side during the Jacksons' trial with AEG. WASS: He may be called to testify, but I would be advising him to assert his Fifth Amendment privilege against self-incrimination. LEMON: If a jury decides that Murray isn't solely responsible for Jackson's death and that AEG Live is also liable, it could cost the concert promotion company billions, according to some reports, up to $40 billion. BOYLE: If the jury feels the family deserves $40 billion, that's what they're going to give. But I can tell you, no demand has been made by the Jackson family for $40 billion from AEG. That is just not true. LEMON: CNN's Alan Duke has been covering this case since Jackson's death. ALAN DUKE, CNN CORRESPONDENT: A lot of this trial is going to be about how much would Michael Jackson have made if he had not died June 25, 2009? Michael could have camped out in Vegas. And, in fact, that was his plan, to buy a house in Vegas -- it was part of his AEG contract -- and to stay there and do shows and other projects into his old years. LEMON: AEG Live attorney Marvin Putnam told me he believes the multibillion-dollar figure is absurd. To Putnam, this case is about one thing and one thing only. Did AEG Live negligently hire Dr. Conrad Murray? He denies that the company ever even employed Murray. MARVIN PUTNAM, AEG LIVE ATTORNEY: Even had he been hired by AEG Live, he certainly wasn't hired negligently. There were no indications in any measure that there was a problem with Dr. Conrad Murray. To be a negligent hire, it isn't just that you hired, but you have to hire knowing there was a problem. And AEG Live had no indication at any point that there was a problem with Dr. Conrad Murray. LEMON: I spoke with AEG Live's president and CEO, Randy Phillips, three years ago about similar allegations. In that interview, Phillips said the decision to hire Conrad Murray and pay him $150,000 per month was solely Michael's choice. RANDY PHILLIPS, PRESIDENT & CEO, AEG LIVE: He stared at me with this very deep stare and he said, you don't understand. My body is what fuels this entire venture. And, like Barack Obama, I need my own physician with me 24/7, OK. That's not negotiable. LEMON: Phillips believed Michael had a very personal reason for taking on the scheduled 50 concerts. PHILLIPS: I said, why now? Because I would been chasing him to come out of retirement, to get on the stage and perform live for three years. This was, you know, like a mission of mine, a quest. And he said to me, very interesting -- it was very poignant -- he said, I'm doing it now because my kids are old enough to appreciate what I do. LEMON: Michael's children could end up playing a major role in this case; 16-year-old Prince, the oldest, is on the witness list and has already testified during depositions, stating that he was intimately involved in his father's affairs. DUKE: When Prince Jackson gets up on the witness stand, it will be a very dramatic time. Prince has not publicly talked about his father's last days. But I believe we will hear him tell us what his father told him about what was happening, his concerns, his worries and who he thought he couldn't trust. LEMON: According to testimony in Conrad Murray's criminal trial, the kids saw their father as he lay lifeless in his bedroom. Since their father's death, Prince, Paris and Blanket's lives have gradually become more open to the public, after years of hiding behind masks and being guarded from the media by their father. DUKE: Michael Jackson was an extremely protective father, had them inside this cocoon and literally under veils when they went out in public. And that veil, that protective blanket -- in fact, his youngest child is known as Blanket -- doesn't exist anymore. PARIS JACKSON, DAUGHTER OF MICHAEL JACKSON: Ever since I was born, daddy has been the best father you could ever imagine. And I just want to say I love him so much. LEMON: Since this heartbreaking image of the kids at their father's memorial, the children appear to be doing well; 15-year-old Paris tweeted this photo. She's now a cheerleader for her high school's varsity basketball team; 11-year-old Blanket, according to several celebrity scoop blogs, recently earned his orange belt in karate. And the oldest, Prince, the newest correspondent on "Entertainment Tonight." The kids have been through a lot of ups and downs since their father's death. During the trial, Prince and Paris may even be called to testify. LEMON (on camera): Michael Jackson's children can be called to the stand to testify? PUTNAM: Not by us. We have been told that they will be called by plaintiffs. I can't understand why bringing them to the stand has anything to do with whether or not Dr. Conrad Murray was hired by AEG or hired negligently. But perhaps they're bringing them to the stand for different reasons. LEMON: The judge has decided to allow Jackson's history of drug use and accusations of child molestation to be introduced at trial. PUTNAM: Mr. Jackson was a grown man. And, as a grown man, he knew precisely what he was doing, because there's a certain assumption of risk here, as there often is with an adult and an addict. So that's why the drug abuse could be brought up. And related to that, many people in Mr. Jackson's life have indicated that one of the reasons for his ongoing addiction, one of the places where it became really, really a problem for him was in 1993, around the time of the first accusations about him and the young boy, and then again later in mid-2000, around the time of his trial. BOYLE: It was a ruling the judge made. And I'm not going to comment on that either way. But I understand the rationale behind the judge's ruling. LEMON: Molestation, drugs, manslaughter. By bringing the lawsuit, the Jacksons will likely have to endure painful testimony in the weeks to come. BOYLE: No one in the world is happy about having a family member dying and having to pursue a lawsuit about it, and particularly when children are involved. It's just not a happy thing. LEMON: Coming up: 911 OPERATOR: He's unconscious? He's not breathing? UNIDENTIFIED MALE: Yes, he's not breathing, sir. LEMON: The day the world lost an icon. UNIDENTIFIED MALE: He's on the bed, sir. He's on the bed. 911 OPERATOR: OK, let's get him down to floor. I'm going to have him do a CPR right now, OK? LEMON: And the events that led to his death. (END VIDEOTAPE) (COMMERCIAL BREAK) (BEGIN VIDEOTAPE) LEMON (voice-over): As the sun rose above the exclusive Los Angeles hills, inside Michael Jackson's mansion, the entertainer began the morning of June 24, 2009, doing what he loved, preparing for a show. TRAVIS PAYNE, CHOREOGRAPHER: Now do it slow. He and I would start about noon or 1:00 at his home. We'd dance a few hours and stretch. You have to have a full attitude. You have a half-attitude. Do the full one. LEMON: Travis Payne was Michael Jackson's longtime choreographer. PAYNE: We were on a journey with Michael that was going to return him to the stage, you know, that he loved so much. And I know that we were eight days away from leaving for London. LEMON: The stage is where Michael was most at ease. On stage, there was no one better. Since age 5, he had electrified audiences around the world with hit songs like "I Want You Back." And the world appeared ready to welcome him back. It had been 12 years since Jackson's last major performance. The king of pop was poised to regain his throne. M. JACKSON: This is it. I mean, this is really it. This is the final -- this is the final curtain call. LEMON: According to the contract with concert promoters AEG, Michael was to perform 50 concerts at the O2 Centre in London over a nine-month period. M. JACKSON: I'll be performing the songs my fans want to hear. LEMON: But was Michael physically up to the challenge? Both Michael and AEG had a lot on the line. JIM MORET, "INSIDE EDITION": It was his comeback. It was his renaissance, his rebirth on stage. After so many years being out of the spotlight, a lot of people were wondering if he could pull this off. M. JACKSON: This is it, and see you in July. LEMON: But there were questions about whether Jackson was ready. Kenny Ortega, the director for This Is It, called a private meeting at Jackson's home. AEG CEO Randy Phillips attended the meeting. PHILLIPS: Kenny was concerned that he wasn't coming to enough rehearsals, that he was taking it a little too nonchalantly. And Michael explained that he needed Kenny to build the house and then he would come in and paint the front door. LEMON: On the afternoon on June 24, Jackson arrived at the Staples Center in downtown Los Angeles. Rehearsals for This Is It often ran late into the night. On the surface, the man many say was born to perform never looked better. (on camera): Was his voice getting stronger over a period of rehearsal? PAYNE: Absolutely. LEMON: Was his dancing getting stronger? PAYNE: Absolutely. LEMON: His body? Everything? PAYNE: Absolutely. LEMON (voice-over): Michael Bearden, the musical director for This Is It, was on stage that last night. MICHAEL BEARDEN, MUSICAL DIRECTOR: He looked back at me, you know, after we did one number. And he looked at me as if to say, yes, I'm Michael Jackson. And I got this. He looked really good. And I tease some of the dancers when I see them, because M.J. was 50 years old and they're like half his age and he still was wearing them out. LEMON: On stage, always a perfectionist, offstage, a legend with a sense of humor. BEARDEN: He's making big-money decisions. And then he would lean over to me and just say silly stuff like, who's your favorite Three Stooges? And I would go, what, M.J.? He would, oh, no, I don't like this. Yes. Can I have more of this or that or this? Yes. I like Moe. LEMON: But beneath the surface, concerns from the very moment the concert tour was announced. Jackson was pushing himself to the brink. RODNEY JERKINS, RECORD PRODUCER: I was just thinking, how is he going to do these shows? LEMON: Record producer Rodney Jerkins. JERKINS: Fifty dates at 50 years old? That's a lot of dates. And I was -- I was -- and kept saying, I just hope he gets a physical trainer, someone to really work him out, to make sure he's healthy and prepared. Jermaine Jackson says his little brother was ready. JERMAINE JACKSON, BROTHER OF MICHAEL JACKSON: I mean, he could have did 200 shows there. LEMON: I talked to Jermaine following a band rehearsal. J. JACKSON: I felt that he could do it because of the way the shows were spaced out, and it wasn't, like, every day. See, like, when we first started, we were doing one-nighters where you go -- every day, you're in a different place. You're riding a bus and you're sleeping on top of each other. That's tough. But this was an -- and you didn't have to take the stage down. You were in one location. PHILLIPS: I think, that night, he finally accepted down deep IN whatever the inner reaches of an artist's soul are that he could do this. LEMON: Was anything out of the ordinary That Night? BEARDEN: The only thing that might have been out of the ordinary is that Michael was -- had a serious glow about him that night. You could see his confidence growing and you could see physically he was able to do the things that he wanted to do. PHILLIPS: We're walking to our cars. And he put his arm around me at the Staples Center and he said, thank you for getting me here. Now I know I can do it and take it from here. LEMON: But hours later... UNIDENTIFIED MALE: Yes, he's not breathing, sir. 911 OPERATOR: OK. And he's not conscious either? UNIDENTIFIED MALE: No, he's not conscious, sir. 911 OPERATOR: OK. LEMON: A 50-year-old man in distress. That man is Michael Jackson. WOLF BLITZER, CNN ANCHOR: Michael Jackson, the king of pop. JESSICA YELLIN, CNN CHIEF WHITE HOUSE CORRESPONDENT: Taken to the hospital and there were rumors. UNIDENTIFIED MALE: He was apparently administered CPR in the ambulance. LEMON: Fans around the world hoped and prayed, but the music megastar would not survive. J. JACKSON: My brother, the legendary king of pop, Michael Jackson, passed away on Thursday, June 25, 2009 at 2:26 p.m. The Los Angeles County coroner would rule Jackson's death a homicide, the cause of death, acute propofol intoxication, propofol, a powerful anesthetic administered by Michael Jackson's personal physician, Dr. Conrad Murray, on June 25, 2009. Murray would be charged with involuntary manslaughter. Coming up, what happened in the final hours of Michael Jackson's life? And who was responsible? (END VIDEOTAPE) (COMMERCIAL BREAK) (BEGIN VIDEOTAPE) LEMON (voice-over): On September 27, 2011, Conrad Murray, Michael Jackson's doctor, would go on trial. Outside the Los Angeles criminal courthouse, Jackson's international stardom took center stage. Inside courtroom 107, a jury of seven men and five women took their seats. HLN's Ryan Smith was watching. RYAN SMITH, HLN ANCHOR: This is the death of Michael Jackson. And it's not just that he's a famous star. It's that someone lost their son, their brother, their father. LEMON: District attorney David Walgren laid out the prosecution's case. DAVID WALGREN, PROSECUTOR: Michael Jackson trusted his life to the medical skills of Conrad Murray. That misplaced trust in the hands of Conrad Murray cost Michael Jackson his life. LEMON: To help prove their case, prosecutors presented two very different portraits of the pop legend, from a vibrant singer, dancer and entertainer on stage to a completely different person behind the scenes. Then, midway through opening arguments, a stunning moment: the voice of Michael Jackson as he'd never been heard before. M. JACKSON: When people leave my show, I want them to say he's the greatest entertainer in the world. LEMON: Jackson sounded fragile, impaired, incapable. And that's just what Kenny Ortega feared. Ortega was directing the most anticipated show in decades, with a star he feared wasn't up to it. But Murray insisted he was in charge of Jackson's health. UNIDENTIFIED MALE: He said I should stop trying to be an amateur doctor and psychologist and be the director and allow Michael's health to him. UNIDENTIFIED MALE: Those were the words of Conrad Murray? LEMON: And on June 25, that meant helping Jackson get to sleep. (on camera): Based on the affidavit, Dr. Murray's efforts to get Jackson to sleep began with a 10-milligram tablet of Valium around 1:30 a.m. It didn't work. So, according to the affidavit, Dr. Murray injected the singer with an anti-anxiety drug. But 3:00 a.m., however, Jackson was still awake. So Murray told police he tried another drug, a sedative. That didn't work either. (voice-over): Murray told investigators, at 10:40 a.m., he gave the pop legend 25 milligrams of propofol, a powerful surgical anesthetic, finally putting Jackson to sleep. But soon after, all hell broke loose. To describe the scene firsthand... ALBERTO ALVAREZ, FORMER JACKSON BODYGUARD: Alberto Alvarez. LEMON: ... district attorney Walgren turned to one of the first men to rush into Jackson's bedroom. A. ALVAREZ: He was laying on his back with his hands extended out. I observed that his eyes were slightly open -- or were open and his mouth was open. LEMON: Alvarez said Murray was frantic and vague about Jackson's condition. A. ALVAREZ: I asked Dr. Conrad Murray, what happened? And he said he had a reaction. He had a bad reaction. LEMON: In the midst of the chaos, Alvarez spotted Jackson's children in the doorway. A. ALVAREZ: And they were right behind me. And Paris screamed out, daddy. Dr. Conrad Murray said, hurry. Don't let them see their dad like this. MORET: We heard about Paris breaking down, very powerful visual. LEMON: Jim Moret is chief correspondent for "Inside Edition." MORET: From the perspective of a juror and as a parent, can you imagine seeing your own father lying there, most likely dead, with his eyes wide open? UNIDENTIFIED MALE: We have a gentlemen here that needs help and he's not breathing. He's not breathing. He's not breathing and we need to -- and we're trying to pump him, but he's not... 911 OPERATOR: OK. OK. LEMON: Finally, at 12:22 p.m., Alvarez called 911. As they waited for an ambulance, Murray asked Alvarez for more help. A. ALVAREZ: He reached over and grabbed a handful of vials. And then he reached out to me and said, here, put these in a bag. LEMON: When paramedics arrived, Murray withheld critical information. UNIDENTIFIED FEMALE: Did Dr. Murray ever mention to you having administered propofol to Michael Jackson? RICHARD SENNEFF, PARAMEDIC: He never mentioned the word propofol. LEMON: Not mentioning propofol, not keeping medical records, throwing vials in bags, the prosecution was painting a picture of a doctor with plenty to hide. By day six, DA Walgren would also make clear that Murray may have been... UNIDENTIFIED FEMALE: Thank you. LEMON: ... distracted. NICOLE ALVAREZ, WITNESS: My name is Nicole Alvarez. MICHELLE BELLA, WITNESS: Michelle Bella. SADE ANDING, WITNESS: Sade. LEMON: Three women described as Murray's girlfriend. One, Nicole Alvarez, had a son with Murray and even once met his famous patient. UNIDENTIFIED FEMALE: And how did it come about that you got to meet Michael Jackson? ALVAREZ: I'm still trying to figure that out myself. UNIDENTIFIED FEMALE: What is that? What is confusing about it? ALVAREZ: Because it's Michael Jackson. UNIDENTIFIED MALE: It makes it sound like this is part of his game. "Hey, I'm going to take you over to meet Michael Jackson." It made him sound like a cad. Instead of having his eyes on his patient, he's got his eyes on all these women that you see, all these beautiful women. LEMON: On the day of Jackson's death, records show that Murray talked to all three women. In fact, prosecutors say he was on the phone for 47 minutes during the exact time he should have been carefully monitoring his patient. A patient to whom Murray supplied a deadly stockpile of drugs. WALGREN: Two bottles of Lorazepam. Lydocain bottle. LEMON: And on day 7, D.A. Walgren added into evidence each vial and bottle found at Jackson's house. One after another. WALGREN: Removing the contents. Was previously impeached (ph) individually. To take a patient with Valium, Lorazepam and Propofol and to leave them unattended in that state is medical abandonment. LEMON: Jackson was officially pronounced dead at 2:26 p.m., June 25, 2009. A direct result, said prosecutors, of mistakes, delays and recklessness by Dr. Conrad Murray. When we come back, Conrad Murray speaks for himself. (COMMERCIAL BREAK) WALGREN: He did not act as a medical professional. LEMON: For over a week, Dr. Conrad Murray listened as district attorney David Walgren portrayed him as reckless. WALGREN: Conrad Murray abandoned Michael when he needed help. LEMON: Then, on day 9, for the first time, jurors heard Murray's own voice and his version of events in a police interview recorded just days after Jackson's death. CONRAD MURRAY, CONVICTED OF JACKSON'S DEATH: Conrad Robert Murray. LEMON: It was Jackson, Murray said, who told him all about Propofol and insisted he used it to ease Jackson's crippling insomnia. MURRAY: He knew that was the only thing that worked for him. I constantly cautioned him. LEMON: Cautioned him and claims Murray tried to wean him from the drug. Still, Jackson pressed for Propofol on the day he died. MURRAY: He said, "I can't function if I don't sleep." So I agreed that I would switch over to the Propofol. LEMON: Then, Murray said, he sat at Jackson's side. MURRAY: I monitored him. Saw his oxygen saturation, heart rate and everything looked stable. Then I needed to go to the bathroom. Then I came back to his bedside, and I was stunned when he wasn't breathing. JIM MORET, HLN ANCHOR: Dr. Murray not only admitted that he gave Michael Jackson Propofol in the hours before Michael Jackson died, but he said, "Oh, sure, I've been giving this to him for weeks. Every night for 60 days." So Conrad Murray's statement was critical, because it gave -- it gave the police and the prosecutor everything they needed to charge him with a crime. LEMON: To finish his case, prosecutor David Walgren turned to Conrad Murray's colleagues. UNIDENTIFIED FEMALE: Shall be the truth, the whole truth and nothing but the truth, so help you God. UNIDENTIFIED MALE: I do. LEMON: Three doctors, three specialties, one conclusion. UNIDENTIFIED MALE: An extreme deviation. UNIDENTIFIED MALE: A far deviation. UNIDENTIFIED MALE: Egregious violations from the standard of care. LEMON: Dr. Steven Shaffer, who literally wrote the book on Propofol, counter 17 egregious violations by Murray, any of which could result in death. DR. STEVEN SHAFFER, WITNESS: The lack of the basic emergency airway equipment. The lack of... LEMON: It was four days on the stand that left jurors fascinated and Murray shaken. Finally, after 16 days and 33 witnesses... UNIDENTIFIED MALE: The people are prepared and would ask to rest at this time. LEMON: It was Conrad Murray's turn to convince a jury. RYAN SMITH, HLN ANCHOR: All the defense has to do is show reasonable doubt. So if they show you one alternative that's plausible to you, then, essentially, Dr. Murray could be acquitted. LEMON: Leader defense attorney Ed Chernoff had laid out that alternative days before in his opening statement. ED CHERNOFF, DEFENSE ATTORNEY: When Dr. Murray left the room, Michael Jackson self-administered a dose of Propofol that, with the Lorazepam, created a perfect storm in his body that killed him instantly. LEMON: now, to build his case, Chernoff turned to Cherilyn Lee, a nurse practitioner who cared for Jackson in the months before his death. CHERILYN LEE, NURSE PRACTITIONER: He said I had a lot of difficulty sleeping. LEMON: Jackson pressed her to give him Propofol, a drug she'd never heard of. LEE: He said, "Doctors have told me that it's safe. I just need to be monitored." And I said, "Let's just try the nutritional IV one more time. We'll try it again." LEMON: But Lee's remedy didn't work for Jackson. LEE: Well, he wasn't very happy that he didn't sleep longer. CHERNOFF: Was he upset with you? LEE: He was a tad bit upset. He wanted to sleep longer, and he said the nutritional components were not working. CHERNOFF: He was complaining when he got up? Is that right? LEE: He said, "This is going to mess up my performance from today. The only thing that's going to help me is Diprivan." LEMON: Finally, Chernoff turned to his own experts. UNIDENTIFIED MALE: I specialize in addiction medicine. LEMON: Dr. Robert Waldman reviewed records from Jackson's dermatologist. In the months before his death, Jackson got frequent treatments and lots of painkillers. DR. ROBERT WALDMAN: I believe there was evidence that he was probably addicted to the opioids. LEMON: For the Jackson family, they were hard words to hear. MORET: And they sat in that courtroom and listened to testimony that their son and brother was a drug addict. And often, they had to leave. But they were always there the next day. LEMON: The addiction, the insomnia, the desperation were so great, said Dr. Paul White, that Jackson swallowed powerful pills by the handful. DR. PAUL WHITE: It would be my guess that Mr. Jackson may have well taken three or four pills at a couple of different times. LEMON: Then White, a renowned anesthesiologist, demonstrated how he thought Murray administered Propofol. WHITE: You would inject very slowly. That's what Dr. Murray said he did. So it's certainly a very safe way to do it. LEMON: Murray, he says, gave Jackson 25 milligrams of Propofol. Soon after, Jackson, himself, administered the final dose. CHERNOFF: Do you think it was a self-injection? Propofol? WHITE: In my opinion, yes. LEMON: And then, it all rested with the jury. One charge, one man dead, and another man's freedom in the balance. SMITH: The tension in this case is at a fever pitch. What's on the line in all this? Dr. Murray could go to jail for four years if he's found guilty. On the prosecution side and especially for the Jackson family, it's will Michael Jackson get justice? You know, will there be someone held accountable for what happened to this man? WOLF BLITZER, CNN ANCHOR: And we're following the breaking news this hour. A verdict in the involuntary manslaughter trial of Dr. Conrad Murray. UNIDENTIFIED FEMALE: We, the jury in the above encountered action, find the defendant, Conrad Robert Murray, guilty of the crime of involuntary manslaughter. LEMON: Coming up... UNIDENTIFIED MALE: Do you feel that you did everything you could? LEMON: ... claims that the promoters behind Michael Jackson's tour were responsible for Murray's negligence. RANDY PHILLIPS, CEO, AEG LIVE: Is there a camera I can look into to tell the public? Not yet. (COMMERCIAL BREAK) LEMON: November 29, 2011, Conrad Murray, Michael Jackson's doctor, was convicted of involuntary manslaughter in the death of the pop icon. MICHAEL E. PASTOR, JUDGE: He has absolutely no sense of remorse. Absolutely no sense of fault. And is and remains dangerous. LEMON: Harsh words from the judge who handed down the maximum sentence. PASTOR: The court has determined that the appropriate term is the high term of four years imprisonment. LEMON: But Murray remains defiant and has appealed his conviction. During my interview with his attorney for this documentary, Murray called from jail and spoke with me. MURRAY (via phone): I've lost a friend. A great friend. A man who was imperfect, like all of us are. He has had his dark sides and his good sides. And I truly will always miss him. LEMON (on camera): Conrad Murray, do you -- as you sit here now in jail and I'm talking to you, do you believe in your innocence? MURRAY: Absolutely. No doubt. Because I did nothing wrong. And all I tried to do was to help this friend who I encountered in a devastated state, and I did everything possible to help my friend. LEMON: How long do you think your client is going to spend in jail? VALERIE WASS, MURRAY'S LAWYER: He's due to be released in October. He received a four-year term. He has to serve half of it. But that's not really the issue. The issue is having that felony conviction on his record, possibly permanently losing his medical license. Clearing his name. LEMON: While Murray is appealing his conviction, the death of Michael Jackson is on trial again, this time in a civil court. His mother and his children have filed a wrongful death lawsuit alleging AEG Live, the promoter of Michael's This Is It concerts, hired Dr. Murray and was responsible for his criminal actions. Kevin Boyle is the attorney for Katherine Jackson. KEVIN BOYLE, ATTORNEY FOR KATHERINE JACKSON: We are going to present evidence that support those claims, that the AEG defendants were negligent in hiring, retaining or supervising Dr. Conrad Murray and that that ultimately led to the death of Michael Jackson. LEMON: Marvin Putnam, AEG Live's attorney, said AEG didn't pay Dr. Murray a dime because his contract was never executed. MARVIN PUTNAM, AEG LIVE ATTORNEY: He in no way has any responsibility or culpability in the tragic death of Michael Jackson. Michael Jackson paid for his personal physician, his family doctor, Dr. Conrad Murray, for years. LEMON: The trial of the Jacksons versus AEG Live started this week, with the Jackson family seeking compensation, perhaps billions, from the promoter, AEG Live. The Jackson family claims AEG Live instructed Murray, quote, "not to look out for Jackson's best interests but rather, to do whatever medical procedures were calculated to get Jackson to perform." The company's president and CEO, Randy Phillips, told me in an interview in 2010 that he saw a lot of Michael Jackson during concert preparations. RANDY PHILLIPS, CEO, AEG LIVE: Look, I spent the most time with him of anyone because of the position I was in at the time. LEMON (on camera): So you spent a lot of time with him. Did he ever seem out of it to you? PHILLIPS: Drug-like out of it? LEMON: Honestly. PHILLIPS: I would only be honest with you or I wouldn't have done this interview. I can't tell if it was drugs or it was just him. But there were just times that he would, you know, wander into his own world sometimes. LEMON: Did he talk to you about his insomnia at all? Were you aware of that? Did he say, you know, "I have trouble sleeping." PHILLIPS: No, I mean, I didn't have a clue about it. But he used to call me at 12, 12:30 at night. So I'd engage him in a conversation, and it would usually last an hour. Then I'd go to bed, and he'd call me again at 6:30 in the morning when I'm usually -- when I'm up. And I just thought because he had kids he got up early. It never occurred to me that he'd never gone to sleep. So, looking back, that's probably a sign that I didn't pick up. ALAN DUKE, CNN PRODUCER: We know that Randy Phillips' concerns about Michael Jackson started at least as early as March, when Michael Jackson went up on the stage and announced his This Is It concert series. According to e-mails that were part of the discovery in this trial. LEMON (voice-over): In June, during rehearsal, just over a week before Michael Jackson would die, Phillips received this e-mail from director Kenny Ortega: "It is like there are two people there. One deep inside, trying to hold onto what he was and still can be and not wanting us to quit him. The other in this weakened and troubled state. I believe we need professional guidance in this matter." (UNINTELLIGIBLE) "This doctor is extremely successful. We check everyone out and does not need this gig so he is totally unbiased and ethical." AEG Live claims that during rehearsals, Dr. Murray worked for and was paid by Michael Jackson. But the Jackson family argues otherwise. LEMON (on camera): Who do you believe employed Dr. Conrad Murray at the time of Michael's death? BOYLE: The complaint is very clear in alleging that it was AEG and the defendants at AEG who were employing Dr. Conrad Murray. LEMON (voice-over): AEG had negotiated a contract to pay Murray's salary. But the company says that agreement would have covered only the upcoming This Is It concert. PHILLIPS: He had done whatever interaction really didn't concern or involve us until the tour started. And that's when this contract would have kicked in. We had never started to pay Dr. Murray. We had never -- we had never officially employed him. Because that contract never got signed. LEMON (on camera): So, to you, this contract is null and void or... PHILLIPS: Yes, I mean, it never took effect because it required Michael's signature. PUTNAM: Mr. Jackson never signed. AEG never signed. It was still in negotiations. LEMON: But the Jacksons point to an e-mail sent to Kenny Ortega, director of the This is It concerts. DUKE: This is what the Jackson lawyers call their smoking gun. LEMON: In the e-mail, AEG Live co-CEO Paul Gongaware wrote, "We want to remind Murray that it is AEG not M.J. who is paying his salary. We want to remind him what is expected of him." (on camera): What is "what is expected of him?" What does that mean? PUTNAM: That's not all of the e-mail. But more than that, they're taking it completely out of context. My understanding is that to mean is does he have the perfect nutrition? Does he have a physical therapist? Does he have the things in place that Mr. Jackson needs? LEMON: It didn't mean, "Listen, there's a lot riding on this. Get him to these rehearsals by any means necessary"? PUTNAM: Oh, absolutely not. LEMON: For those people who say that AEG is ultimately responsible for Michael Jackson's death, how do you respond? PHILLIPS: Oh, I'm sad -- it makes me said that it devolves to that. AEG, all we did -- we're just promoters. We put up a lot of money. You know, sometimes there aren't villains. There's just unfortunate circumstances and accidents. LEMON: Do you feel that you did everything that you could? Everything above board? Everything right? Handled it properly? PHILLIPS: Is there a camera I can look into so the public can check if I'm telling the truth or not? Yes, absolutely. I feel a hundred percent that what happened was, you know, a terrible accident. Had it not happened. I don't know what it was. But whatever happened, OK, had it not and Michael survived, I think we would have created entertainment history with these shows. And he would have reclaimed his -- if you would like to say it, his throne as the King of Pop.


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Essential Learnings
We thought throwing Gabe and Annarchy together might be an interesting
You be
the judge.
In addition to a punishing retail situation, select portions of imminent software are being flung onto webs everywhere. Whenever I was not engaged/detained by official demagogue duties, luncheons and whatnot, I have leached what nutrients are available from each.
The convention schedule we've had recently has dragged us all over, and a fixture at each of them has been the various Browncoat delegations nationwide that have (with a strenuous and distributed effort) altered the course of studio wisdom. One of them even bought me a Guinness, as though I needed any other reason to support their endeavor. I asked the contingent at the Baltimore con what their aim was, now that the movie was a real thing - was this not the culmination of their struggle? This is when she revealed to me a phrase internal to their cult: a phenomenon called the BDT. It is not their aim to get a movie of Firefly made. It is their aim to enable a trilogy of movies - a "Big Damn Trilogy" - with a one hundred million dollar opening weekend that will grease the wheels for further films. They may see such a thing come to pass. I know that here in Seattle there are actually three midnight showings, one every minute after midnight. As a person who attends midnight showings as a matter of course, that's not something I've seen before.
(CW)TB out.


text:
The Ultimate Vegan Makeup Guide!
Animal ingredients are not only cruel but they're NASTY! Here are just a few WTF examples:
- Beeswax and honey (bee barf)
- Lanolin (wool grease)
- Squalene (shark liver oil)
- Carmine (crushed beetles)
- Tallow (animal fat)
- Collagen (placenta-derived)
- Allantoin (cow pee)
- Elastin (from animal connective tissue)
I'm not cray for NOT wanting pee in my makeup—am I right or am I right?
Fret not, homegirls, we still have tons of vegan makeup options. Checkity-check check 'em out:
Makeup Primer: 100% Pure Luminous Primer ♥, 100% Pure Mattifying Primer ♥, e.l.f. Studio Mineral Infused Face Primer, Emani Primer Serum, Hourglass Veil Primer, Mineral Fusion Mattifying Primer ♥, Pür Color Correcting Primer, Too Faced Primed & Poreless Skin-Smoothing Face Primer
Concealer: 100% Pure Fruit Pigmented Long Lasting Concealer ♥, Au Naturale Cream Concealer ♥, Beauty without Cruelty (BWC) liquid concealer, Christopher Drummond Duo Phase concealer, Cnaturals mineral fondation concealer powder, Cover FX Conceal FX Camoflage concealer, Emani HD Corrective Concealer, Gabriel Cosmetics concealer, Monave concealer ♥, O.C.C. concealer, Pacifica Transcendent Concentrated Concealer, Stript concealer pencil, Zuzu Luxe concealer
BB Cream: 100% Pure BB Cream ♥, Andalou Naturals ♥, derma e Evenly Radient BB Crème ♥, DeVita Moisture Tints Beauty Balm, Jane Iredale Glow Time Full Coverage BB Cream, Lavera Beauty Balm, Pacifica Alight Multi-Mineral BB Cream ♥, Too Faced Tinted Beauty Balm
Makeup Brushes: 100% Pure, Antonym, Bdellium Tools makeup brushes, Cicero Beauty, Cozette, e.l.f. Studio brushes, EcoTools, Emani Brush Kit, Furless Cosmetics, IT Cosmetics, Larénim Mineral makeup brushes, Monave brushes, Morphe brushes, MOTD, O.C.C. makeup brushes, Pirouette Professional, Purely Pro, Real Techniques, Sigma, Stript brushes, Too Faced Teddy Bear Brushes, Wet n' Wild
Liquid Foundation:100% Pure Fruit Pigmented Healthy Skin Foundation ♥, Arbonne Perfecting Liquid Foundation SPF 15, Bella Reina Liquid Mineral Foundation, BWC Ultimate Natural Liquid Makeup, Cover FX Natural Finish Oil Free Foundation, Ecco Bella FlowerColor Liquid Foundation, e.l.f. Studio Flawless Finish Foundation, Emani Hydra Wear 12-Hour Foundation, Gabriel Cosmetics Moisturizing Liquid Foundation ♥, Hourglass Immaculate Liquid Powder Foundation, Hourglass Veil Fluid Makeup SPF 15,Lavera Natural Liquid Foundation,Obsessive Compulsive Cosmetics OCC Tint: Tinted Moisturizer, Plain Jane Beauty Creme Minerals Foundation, Pür 4-in-1 Liquid Foundation, Too Faced Born This Way Undetectable Medium-to-Full Coverage Foundation, Wet n Wild Coverall Cream Foundation,Zuzu Luxe Oil-free Liquid Foundation ♥
Powder Foundation: 100% Pure Fruit Pigmented Foundation Powder ♥, BWC Ultra-Fine Pressed Powder, Christopher Drummund Versatile Pressed Powder, Cnaturals mineral foundation powder, Cover FX, e.l.f. Mineral foundation with SPF 15, Eco Bella face powder compact, Eco Bella FlowerColor Face Powder, Emani natural mineral powder foundation ♥, Emani pressed mineral powder ♥, Everyday Minerals loose foundation ♥, Everyday Minerals powder foundation (in matte and semi-matte) ♥, Gabriel Cosmetics Dual Powder Foundation ♥, Monave mineral foundation ♥, Pür 4-in-1 Pressed Mineral Powder Foundation, Zuzu Luxe dual pressed powder and foundation
Finishing Powder: BWC ultra-fine loose powder, Cnaturals setting powder, Lavera Fine Loose Mineral Powder, Mineral Fusion, Stript Peek-A-Boo Mineral Veil, DIY Finishing Powder
Blush: 100% Pure ♥, Antonym ♥, Arbonne blush, Au Naturale, BWC blushes, Cnaturals blush, e.l.f. Studio HD Blush, Eco Bella FlowerColor Dust ♥, Emani blush ♥, Everyday Minerals blush ♥, Fit Glow Beauty ♥, Gabriel Cosmetics blush ♥, GlamNatural, Silk Naturals ♥, Stript mineral blush, The All Natural Face blush, Too Faced, Zuzu Luxe blush
Bronzer: 100% Pure Cocoa Pigmented Bronzer ♥, Antonym ♥, CNaturals bronzers, e.l.f. Studio Contouring Blush and Bronzing Powder, Eco Bella FlowerColor bronzing powder ♥,Emani Natural Mineral Matte Dust ♥, Everyday Minerals bronzer ♥, Mineral Fusion ♥, Pür Mineral Glow, Too Faced Cocoa Contour
Eyeshadow: 100% Pure Eye Creamsticks ♥, 100% Pure shadow palettes ♥, Antonym, Arbonne eye shadow, Au Naturale ♥, Beauty without Cruelty satin eyeshadow, BWC dual powder eyeshadow, CNaturals eyeshadow, e.l.f. Studio Long-Lasting Lustrous Eye Shadow, Eco Bella The Elite Collection ♥, Emani duo eyeshadow ♥, Emani Special FX glitter dust ♥, Everyday Minerals ♥, Firestarter Cosmetics eyeshadow, Fit Glow Beauty ♥, Gabriel Cosmetics ♥, Johnny Concert ♥, Modern Minerals ♥, Monave ♥, Red Apple Girls ♥, Silk Naturals ♥, Stript eyeshadow, Sugarpill Cosmetics loose eye shadow
Eyeliner: 100% Pure Long Last Liquid Eyeliner ♥, Arbonne Liquid Eyeliner, BWC eyeliner pencil, CNaturals eyeliner pencil,e.l.f. Essential Liquid Eyeliner, Eco Bella soft eyeliner pencils ♥, Gabriel Cosmetics eyeliner, Milani, Stript eye pencil, Red Apple Girls ♥, Zuzu Luxe eyeliner pencil, Zuzu Luxe liquid eyeliner
Mascara: 100% Pure Maracuja Mascara ♥, Arbonne It's A Long Story Mascara, BWC mascara, Devita Absolute Lengths, e.l.f. mascaras, Eco Bella FlowerColor Natural Mascara ♥, Emani Organic Soy Infused Mineral Mascara, Gabriel Cosmetics ♥, Glam Natural, Lily Lolo ♥, LUSH Fresh Wheatgrass Mascara, Milani Grandissimo Lashes Mascara, No-Miss Natural Mascara, Pacifica Stella Gaze mascara ♥, Red Apple Girls mascara ♥, Suncoat Natural Sugar-based Mascara ♥, Too Faced Better Than Sex Mascara, Zuzu Luxe mascara
Eyebrow Pencil/Shadow: e.l.f. Studio Eyebrow Kit, e.l.f. Studio Eyebrow Lifter and Filler, Emani Duo Brow Filler, Milani Brow Fix Brow Kit, The All Natural Face brow powder, Urbanbrow Precision-Tip Brow Tint
Lip liner: Arbonne, BWC lip Defining Pencil, e.l.f. Mineral Lip Liner, Eco Bella lip crayons (all shades except Raspberry Port) ♥, Monave lip crayon, Naturals lip liner, O.C.C., Red Apple Girls ♥, Stript lipstick crayon, Zuzu Luxe lip liner
Lipstick: 100% Pure Fruit Pigmented Lipstick ♥, 100% Pure Vitamint Lip Creamsticks ♥, Arbonne, Aromi, Axiology ♥, BWC Moisturizing Lipstick, BWC Natural Infusion Lipstick, Cnaturals lipstick, e.l.f. mineral lipstick, Eco Bella FlowerColor lipstick (all shades except: Pink Rose, Mauve Rose, Claret Rose, Tuscany Rose and Napa Grape) ♥, Emani lipstick, Firestarter Cosmetics lipstick, Gabriel Cosmetics ♥, Lippy Girl Vegocentric Organic Vegan Lipstick, LUSH Lips, Mineral Fusion ♥, Monave lipstick ♥, O.C.C. Lip Tar, Pacifica ♥, Red Apple Girls Lipstick ♥, The All Natural Face Lipstick, Too Faced La Creme Lip Balm, Trust Fund Beauty, Zosimos Botanicals Lipstick, Zuzu Luxe lipstick
Lip Gloss: 100% Pure Gemmed Lip Gloss ♥, Arbonne Lip Polish, BWC lip gloss, Cnaturals Lip Glaze, e.l.f. Studio Glossy Gloss, Eco Bella Good for You Lip Gloss ♥, Emani Lip Gloss, Emani Organic Lip Gloss, Gabriel Cosmetics lip gloss, Mineral Fusion ♥, Monave Lip Glaze ♥, Red Apple Girls ♥, Strawberry Hedgehog ♥, The All Natural Face lip gloss, Zuzu Luxe lip gloss
Lip Balm: Crazy Cat Lady lip balm ♥, Crazy Rumors ♥, Eco Lips, Ellovi ♥, Firestarter Cosmetics lip balm, Hurraw ♥, LUSH None of Your Beeswax, My Lip Stuff, The Merry Hempsters ♥, S.W. Basics ♥, DIY lip balm
♥ = non-toxic product
This list is a work in progress. I'll continue to update it with more vegan cosmetics as they come to mind. Feel free to add to this list in the comments below! xo
Post contains affiliate links.
About Sunny (Sunny's Profile)Longtime vegan, hardcore compassionate beauty junkie, serious cake aficionado, and lover of all things floofy and sparkly! If there's something in particular you'd like me to review, drop me a line at firstname.lastname@example.com. You can also find me on Facebook, Instagram, Twitter, YouTube, and Google +.
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I love concreteminerals – gorgeous colors, vegan & cruelty free, and they seem to take customer service seriously. I have no dog in this fight, just thought I would tell you all about a brand I discovered last year 😂
I am also looking for a cruelty free, vegan beauty products to use. This is the most hilarious comment i have read in 2016. I am from Korea and I only see a small percentage of people eating dogs. It's not even 0.01% of the population. It's a cultural difference and you have to respect that. And I have never heard of any Korean eating cats. What does eating dogs/cats have to do with vegan products anyways? You use products produced in the united states, France, etc don't you? If you think that a product is truly vegan when the country of origin is cruelty free, then you wont be able to find a product that is right for you. You know why? Because no country on earth can be cruelty free. When you look for a vegan product, you look at the company that produces the product, not the country the product is made in.
Another thing to note, I am so sick and tired of the double standards. It's OK to force feed ducks but it's not OK to eat dogs because they are fluffy and cute? those dogs raised for the human consumption are raised just like how cows, pigs, and chickens are raised. Let's be completely honest. force feeding ducks to fatten up the liver more sickening than eating dogs.
This to WTH – You only see a small percentage of dogs eaten? Are you kidding me? One dog eaten is barbaric, but you don't get that do you?
And as for force feeding ducks, it's NOT ok. Ever. It's another barbaric disgusting practice.
You should educate yourself a bit and realize that dogs and cats are companions, not food. You don't "raise" dogs and cats to eat.
And this is why I'd never purchase anything made in Korea, China, Japan or any of the other asian countries that allow this barbarism.
PS I don't have to respect any brutality. In fact, I'l make certain that I never do.
To MJ: Not purchasing a product because it is made in a certain country with a different practice than yours is quite ignorant. You need to educate yourself, and realize that eating any animal, regardless of it being a companion or not, is wrong. You shouldn't raise cats and dogs to eat, but you also shouldn't raise cows, pigs, chickens, turkeys, calves, ducks, lambs, goats, or any other animal to consume, either. Since it is all brutality, and you'll never respect it, does this mean you won't buy any product from the U.S. or the U.K. or any other place in the world that raises animals to eat? Additionally, in some countries, animals like chickens and pigs are also companions. Different cultures yield different traditions. Think twice about belittling someone, or another country for that matter. Especially when you sound hypocritical, and uneducated.
Great list. My only wwwhhhaaaat? Was alantoin being listed as cow pee. There are a great many plant derived sources of alantoin – most common being aloe Vera and comfrey.
OMG OMG YOU HAVE NO IDEA FOR HOW LONG I HAVE BEEN LOOKING FOR THIS. I struggle all the time trying to find vegan makeup and sometimes I buy it and when I get home I realize it has carmine or something!! Thank you so much for caring and taking the time to do this list, it shows you really care:)
I love that you have done this research but I'd like to comment on one thing. I've been looking for cosmetic brushes and makeup preferably made in the USA.
I just called e.l.f to find out where their products are made and was told China. Firstly, China requires animal testing for any products sold there. Perhaps these companies are not selling there, but…really?
By manufacturing in China, Korea, Thailand, etc., they are supporting a. animal testing and b. horrific torture and consumption of cats and dogs.
And that goes for Urban Decay now too, as they are manufacturing in Korea and Korea's dog and cat meat festival is, I hear, even worse than China.
I'd love to see a site where they take all of this into consideration and we find companies that truly care about animal welfare.
Thank you.
Love the list! I'm looking for a great cruelty- free black eyeliner that is long lasting, preferably a pencil since I'm not as talented with using liquid liners (but I'm up for any suggestions). I've tried Arbonne's ebony and cocoa liners and though I like them, the ebony is not as dark black as I would like. Do you have any suggestions I should try?
Thanks in advance!
Thank you for all the research and time that clearly went into this fantastic article. Have you tried out Pacifica's new makeup line? It is excellent! The company is Portland-based, 100% vegan and has been around for a while with their beautifully scented candles, perfumes and skincare. I am a long time Urban Decay user, however, right around the time that Urban Decay sold out to L'Oréal 🙁 and I had to find a new makeup line… wah-lah! Pacifica launches a gorgeously pigmented line of eyeshadows which quickly expands to everything from concealer to blush to nail polish and beyond. In my opinion, most of their products actually out-perform those of Urban Decay. I can't wait to see where this line goes from here! I would be curious to hear what you think of the line.
I love your list! I love Gabriel Cosmetics mascara and their skincare is to die for!
Can you add to your list
Overall Beauty Minerals?
Eye Shadows
coming soon foundation.
Vegan and totally cruelty free.
The idea of pee in my makeup made me crack up and freak out at the same time..
You should add Dose of Colors, Pretty Zombie Cosmetics + Melt Cosmetics to the list of vegan lipsticks!
inika cosmetics from australia, they provide stockist on UK and USA, check their FAQs, on "What makes INIKA different to other mineral cosmetic companies?" i'm more than happy they says, they are VEGAN, CRUELTY FREE, and HALAL certified, wowowo….
INIKA products are pure and natural, made from crushed mineral pigments and contain absolutely NO harsh chemicals, nanoparticles, fillers, talc, bismuth oxychloride (a known skin irritant and by-product of refined lead and copper), GM ingredients, parabens, preservatives or fragrances.
Great list! I love Urban Decay's Revolution lipstick too. 🙂
I LOVE your list! Unfortunately, Tarte was just bought by Kose who tests on animals. It is killing me because I just found them recently and I LOVE their products. 🙁
Thank you so much for this! I've been looking for something like this! YAY!
Just found your site through pinterest – Love your blog – thank you for all the work you put into it! Josie Maran products are cruelty free and many are vegan as well.
And fruit are just ovaries….
That´s great!!! THANK YOU!! Cheers from Brazil
CoverFX also has some great all-vegan options!
Hi,I'm a huge fan of your blog and I was wondering if you have ever tried, or are planning to do review of, Juice Beauty. I am considering trying out some of their cosmetics, but was wondering about your opinion on it.
great article! I literally laughed out loud in the beginning (pee in your makeup). I just love the tone of this article and haven't really seen anyone put it that way before. and no you are not "cray" I totally get it. I have been a vegetarian since I was a teen (in my 30s now) and it has been super easy for me because I am super disgusted by eating meat. it's amazing how we are kept in the dark about what is in our products and how ingredients list different names so we don't know what we are actually getting without a little research. great post!
Juice Beauty has a line of vegan personal care and is coming out with more makeup any day now.
Eco Bella FlowerColor Cover Up has beeswax
I just discovered Lip-Ink. Their website says their products are organic, kosher, vegan, cruelty-free, and paraben-free. I tried the long-lasting lipstick and I like it a lot.
Thank you so much for this list! I'm going to pin it on my "Pretty Me Up" Pinterest board.Trying to keep track of vegan companies gets confusing,so this will be very useful.
P.S.,I ordered the Sept.Vegan Presence box(as a trial) and I can't wait to get it!
i love this!!! so helpfull…also Arbonne is a botanical vegan and cruelty free line..amazing products!
Thank you so much for this list! I am so stoked to find out all Elf's cosmetics are vegan! I'm super broke right now and spending $30 for mascara I only wear once in a blue moon is way out of my budget. Their products sound perfect for me 🙂
Alima Pure's cosmetics, with the exception of their lip colors, are vegan. Their brushes are also vegan.
Booda Butter lip balm is vegan (and awesome).
I think for a lot of these it would be easier to list the company, for example ELF makes like five studio mascaras, so it would just be easier to say that all of their cosmetics are vegan (minus the dollar brushes). Too Faced also has a BB cream. Oh, and you might want to specify the loose eyeshadows from Sugarpill since only a few of the pressed ones are vegan.
Lime Crime is a horribly unethical company with a history of lying to its customers so I would never take their word that they're vegan or cruelty-free.
HOLY MOLY. This is incredible!
I would add that for every product category that has Zuzu Luxe, Gabriel makes the same thing (foundation, concealer, pressed powder, blush, eye shadow, eye liner (pencil & liquid), mascara, lip liner, lipstick & lip gloss. Both lines are made by Gabriel Cosmetics. Difference is the Gabriel line has… less glitter. haha It's their daytime & more "mature" line (think more muted tones & no glitter in your lip gloss), great for work. Whereas Zuzu is more night time & youthful (lots of bold colors & shimmer), fun for going out. I use products from both lines for different things.
Thanks for the comprehensive list!
Firestarter Cosmetics is vegan and cruelty free.
eye primer
lipbalms and lipscrubs


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My week: go to work, after work go pick up dinner somewhere, go home, eat, then crash. And shower somewhere in there. Yeah, it means that Gumdrops has had to do more of the house upkeep.
I think I'm recovering. I probably scared the folks at the concert last Sunday as I had two bouts of rather intense, lengthy hacking coughing -- one before it started and one during the reflections given at vespers that preceded the concert. Fortunately, the remainder of the coughing was between the different pieces of music and not as dramatic. I'm sure some folks were thinking, "Oh great, I have to sit next to this coughing machine?"
Monday I attempted mass. Since it always start before I get there, I waited for the first reading to be finished before rushing to a seat. But as soon as I sat down, that hacking cough started. I had to leave, finishing the cough out in the hallway and decided not to return for the day.
Tuesday I went to the dentist. When they first laid me back, I had that hacking cough again. I reassured them that I didn't cough that much. But it was scary as hell to have the doc standing over me with that needle ... now what if the cough sneaks up on me while the needle is in me? Thanks be to God that no coughing ensued after that awful first one and they were able to work on me for almost two hours.
I've been coughing at night. But since I am a talented sleeper, it's on only very few occasions (less than 5 for sure) that it actually disturbed my sleep. It doesn't like me lying down? No problem, I'll sleep sitting up. And when I'm deep asleep, voila, I end up sleeping lying down. This evening, I seem to be relatively free of coughs.
Tomorrow evening we will be attending a Dominican talk. Perhaps all in attendance can be spared of my coughing.
I had managed to rinse off the car after mass on Sunday, and was totally exhausted afterwards. Looky there, it went five days before getting rained on tonight. (This is south Texas, where I put on a sweater when entering a building and I remove the sweater when going outside ... in November, no less. So "washing the car" in November does NOT involve an encounter with snow and ice.)
Friday, November 09, 2007
My week: go to work, after work go pick up dinner somewhere, go home, eat, then crash. And shower somewhere in there. Yeah, it means that Gumdrops has had to do more of the house upkeep.
Posted by seeking_something at 6:57 PM


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Hi! Hello? Are you still there?!
Oh, how I miss your beautiful faces. Life is getting pretty, pretty busy. On Wednesday, my Mom arrived from California for a visit & we're having lots of fun. On top of that, my first 2012 wedding is coming up on February 4 & I've been working hard to make sure it's absolutely perfect. Next week looks like more of the same. Plenty of daughter & wedding planning duties, both of which I adore. I promise I will be back soon with tons of wedding & crafting fun. Until then, take care!
Try not to miss me too much :-)
Photo by Brooke Boling Photography via


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CHATTANOOGA, Tenn. (Nov. 6, 2004) - Chattanooga's volleyball team rallied from a two-game deficit to defeat East Tennessee State Saturday night at Maclellan Gym 23-30, 29-31, 30-16, 31-29, 16-14 to complete the season sweep of the Bucs. With the win UTC improves to 7-19, 4-10 SoCon while the Bucs fall to 4-22, 3-10 SoCon for the year.
ETSU was led by Sara Scandiffio's (
The Bucs went up 13-7 in the first game and UTC clawed within 26-23, but the Bucs won the final four points. In game two, ETSU led 12-6, but
After the break, UTC (7-19 overall, 4-10 SoCon) dominated game three behind five kills from Durfee. Game four was a see-saw battle, but Ramsay had four late kills as UTC won seven of the game's last 11 points for a 31-29 win. Ramsay and Ball both had six kills in the fourth game.
In the deciding game, ETSU (4-21, 3-10) went up 8-3 behind Scandiffio's arm, but Chattanooga tied it at 8-all. ETSU went back ahead 11-8 with a pair of kills from Piercy. UTC stayed closed, but ETSU had a shot at match point with a 14-13 lead, but Ramsay picked up a huge kill to tie the match at 14-all. Ball and Ramsay combined for a block to give UTC the lead and a Durfee hit was unreturnable at match point.
ETSU will return to action Nov. 9 when they travel to


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Android users rejoice, especially if you also use Outlook.com. Microsoft announced on April 16 via their Outlook Blog that they have updated their Android app for Outlook.com. The update is not an incremental update by any stretch of imagination. It is a complete overhaul, and it looks beautiful.
As you can see above, the first thing that you notice is the overhaul of the user interface. The look is now distinctively "Metro", looking very much like the Windows Phone and Windows 8 mail apps as also Outlook.com on the web.
Besides the visual changes, some new features were also added to the app. Conversation view for messages is now introduced in the app. In addition, there is also a "mark as junk" label which, I am surprised was left out all this time. Finally, the app now allows for viewing messages by read/unread status and provides the ability to view only flagged messages.
It is worth noting that despite Android "supporting" Exchange ActiveSync (EAS) protocol, Microsoft were forced to build their own app for Outlook.com because, as per Microsoft, different versions of Android have different implementations of EAS. In order to provide a consistent experience across devices, it was felt necessary to build a separate app. This seems to fall in line with how Android works, given that their email client is not stellar, and how Google itself has chosen to build a GMail app for its own service.
If you use Hotmail/Outlook.com and have an Android device, this is a must-have. Download it here.
Images from the Office Blogs.


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Tough loss tonight against the Rockies.
Kemp was a single away from hitting the cycle.
Kemp's season so far - .329 18 HR 53 RBI's. Vote! Now!
Everyone should vote as often as they can. If you can't go the the ballpark and get a ton of ballots you can use all the email accounts you can to vote. I even set up new email accounts just to vote 4 Matt! Plz vote people! Thank you Roberto for all that you've done to publicize this.
I second what Roberta says. Vote as many times as you can. I believe you can vote online 25 times for each email every day. I've got all members of my family voting, even the non-baseball fans. Matt deserves this SO much! And thanks Roberto for pushing this.


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Tax professionals who advise clients on judicial review of the CRA's discretionary decisions should monitor developments in the standard of review in light of the Supreme Court of Canada's decision in Wilson v Atomic Energy of Canada Ltd (2016 SCC 29).
In Wilson, the appellant was a non-unionized procurement specialist who worked for Atomic Energy of Canada Ltd. for four and a half years. He was dismissed in November 2009 and filed an unjust dismissal complaint under the Canada Labour Code. At issue was whether the significant severance package provided to Mr. Wilson rendered the dismissal just.
The labour adjudicator found that a severance payment did not exempt an employer from a determination with respect to whether a dismissal was just. Applying a standard of review of reasonableness, the application judge reversed the decision of the labour adjudicator, finding that the Code permitted the dismissal of non-unionized employees without cause. The Federal Court of Appeal agreed, but held that the appropriate standard of review was one of correctness.
The Supreme Court of Canada allowed the appeal and restored the decision of the labour adjudicator. The Court split 5-3 and issued several sets of reasons in its decision.
On the merits, Justice Abella wrote for the Court that the standard of review with respect to a labour arbitrator was one of reasonableness, to be assessed in the specific context under review. In this case, Justice Abella found the interpretation of the labour adjudicator was reasonable. However, Justice Abella remarked – albeit in obiter – that the line between reasonableness and correctness had begun to blur in the case law. A single standard of reasonableness, she stated, would operate to both protect deference and give effect to one correct answer where the rule of law required it. This would give effect to the different gradations of deference to be given to administrative decision makers in different contexts.
Chief Justice McLachlin and Justices Karakatsanis, Wagner and Gascon concurred with Justice Abella's reasons and expressed appreciation for her attempt to galvanize constructive conversation about the standard of review. However, they declined to recast the standard of review. Justice Cromwell also concurred in the result, but rejected Justice Abella's attempt to define a new framework, finding that the correctness/reasonableness distinction that emerged in Dunsmuir was still appropriate.
Justices Cote, Brown and Moldaver dissented. Agreeing with the Federal Court of Appeal, they stated that a standard of correctness applied and that the contradictions inherent in a growing body of labour decisions called for judicial clarity. Specifically, they held that "where there is lingering disagreement on a matter of statutory interpretation between administrative decision-makers, and where it is clear that the legislature could only have intended the statute to bear one meaning, correctness review is appropriate".
What does Wilson mean for tax litigators? First, even though four members of the Court declined to overhaul the Dunsmuir framework, they lauded Justice Abella's attempt to refine this area of law. The views expressed in the reasons indicate that the Court may be willing to revisit and clarify Dunsmuir (which also contained three sets of reasons).
Second, to the extent that members of the Court wish to supplant the Dunsmuir test with a single standard of reasonableness (containing gradients of deference), attempts to challenge the CRA's discretionary decisions could be met with increased difficulty in the future.


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As I wrote earlier if you're an average person living in the U.S. there's absolutely no reason now to panic about the current swine flu situation in spite of the media hysteria. That may change as time passes, but it could just as easily go the other way and not become a full-blown pandemic. That's what happened in 1976, when a swine flu scare led to emergency vaccination of some 40 million Americans in 10 weeks but the feared pandemic just never panned out. The Los Angeles Times has a nice piece on that story.
But many people have questions about the flu vaccine right now. Does this year's vaccine cover the current swine flu strain? Why doesn't the flu vaccine cover all strains? Why do I need to get a new flu immunization every year when I don't have to do that for most of the other illnesses I got shots for as a kid? Just what's so different about influenza and its vaccine?
The first thing you need to know is that, unlike many viruses, the influenza virus is constantly changing its "spots." Leopards have different spots, but they are all leopards. Similarly, the influenza virus has proteins, spots if you like, on its surface, called H and N, which are prone to change over time. Sometimes the changes are minor and sometimes they are major. It is when major changes occur, that worldwide pandemics of influenza illness spread and cause major sickness and death (we are nowhere near that situation now).
Because the influenza virus changes from year to year, so too must the vaccine against it be changed from year to year. This is one reason why you need to get immunized every year because every year you will face different influenza viruses. Influenza viruses are studied all the time from all parts of the world, looking for changes. Infection usually spreads around the world in a predictable fashion, so that researchers have some advance warning of what to expect in the next influenza season, which typically runs from December to March. Unfortunately, however, these warnings are just predictions and may or may not actually occur. Normally, immunization should take place in October or November, just prior to the influenza season.
When the researchers identify the predicted types of viruses that they believe will occur six to 12 months later, pure strains are sent to the various vaccine manufacturers. To date, all influenza vaccines are developed first in chicken eggs. Hundreds of thousands of eggs are inoculated with live virus, which live in the egg white and which multiply until the egg is teeming with virus. At this point, the egg white, containing the viruses, is taken out of the egg, under sterile conditions, and then a process of purification begins to eliminate everything but the virus. In most cases, these live viruses are put through a process that essentially causes them to explode and die, leaving their protein fragments behind. It is these fragments that correspond to the H and N proteins noted above.
The purpose of injecting these H and N protein-containing vaccines is so that your body will develop antibodies specifically against the proteins. Then, if you are exposed later on, your body will be ready to fend off the virus and either prevent the illness from taking hold or lessen its symptoms. The vaccine is called a killed vaccine and there is absolutely no chance of a person being infected or actually catching influenza from the vaccine. It takes several months for vaccine manufacturers to undertake this vaccine preparation.
In another vaccine manufacturing process, the virus that is grown in the egg is a specially modified version that remains alive throughout the entire process and is still alive in the final vaccine. However, this virus is called an "attenuated" virus, which means that while it does cause an infection, the symptoms, if any, are extremely mild. Typically, the live virus vaccine is sprayed into the nose, while the killed virus vaccine is injected with a needle.
The 2008/2009 influenza vaccine was made in the summer of '08 based on predictions made at the beginning of 2008, over a year ago. The vaccine contains, and therefore provides protection against, 3 strains of influenza, none of which correspond to the new swine flu, which has appeared in an unpredictable fashion. But it's too early to say whether or not the vaccine might offer some protection either against getting infected or against getting very sick. It will probably be years before that question is answered because it will require studying large groups of people, some of whom were immunized and some of whom weren't and then comparing the incidence rates and disease severity between the two groups.
I said above that none of the strains in this year's vaccine corresponds with the swine flu. But some highly knowledgeable and observant readers may know that this year's vaccine contains an H1N1 strain and that this new swine flu is also H1N1. They might be wondering why the current vaccine isn't automatically considered to be protective against the swine flu. The answer is that the H1N1 in the vaccine is a human influenza virus and the swine H1N1 is a pig influenza virus and they're not the same. In fact, under normal conditions, influenza viruses are fairly species specific and they stay in their normal hosts. That's one of the unusual aspects of this particular outbreak, which is that the virus has jumped from pigs to humans. What we don't yet know is whether this phenomenon will become a serious public health problem or if it will peter out because human immune defenses and advanced medical treatments limit its spread. Only time will tell.
Important: The views and opinions expressed in this article are those of the author and not Everyday Health.


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4000 lines of mostly comments and printf statements along with a 2kb coefficient file.
You only have 2k of data space in the uno so no chance.
I suspect you mean magnetic deviation (difference between true and magnetic North)declination is the angle the local magnetic field makes with the horizontal(I theenk!)
If the GPS can be oriented in line with the vehicle's axis and a magnetometer/compass (is there a vehicle?) then heading bearings can be used to calibrate the declination. Assuming the compass has compensation for nearby iron masses...
Maybe the easiest thing to do is to get g different GPS that outputs the declination.
oopssorry for mis-informationbetter to have everyone think you're a fool than to open your mouth and prove it
Why not just find out what the magnetic declination is for your area and adjust for it in your code? For example: my location in Ohio is 8 degrees 15 minutes west of grid or true north so I would just add 8 to my azimuth to find grid north. Depending you exact your direction needs to be, you could use decimals. Don't forget to convert minutes to a decimal. multiply by 1/60This will use your ip address to give your magnetic declination:http://magnetic-declination.com/


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Northland currently has no wind farms, but the largest state-owned generator Meridian Energy is seeking to develop two sites: Ahipara Gumfields and Pouto, which would have a combined capacity of 400MW.
Tribe spokesman Paul Rankin said he wants local Maori to have a share as partners in any commercial wind farms. He has put a claim forward to the Waitangi Tribunal, a body that deliberates on any breaches of the Treaty of Waitangi, an historic agreement between most Maori leaders and the British colonial powers that was signed in 1840.
Although the tribunal can only make recommendations, it carries significant weight and a government must give its opinions full consideration.
In recent years Maori have made a number of claims to the tribunal for redress and some have been settled with money, assets and rights.
The claim specifically singles out the revenue-earning potential of wind farms. "When there's a commercial value placed on the wind, then we have to question who owns it," said Rankin.
Other tribes have not joined the claim in the first weeks and Paul Moon, an expert on potential Maori claims in New Zealand, expressed strong doubts over the possibility of the group being given any rights to revenue generated by the wind.
Moon pointed out that a wind farm would not deprive the indigenous people of a scarce resource, such as land or water. He felt the claim was not likely to succeed.
Rankin has admitted the timing of the claim is no accident. He said the wind issue has only come to a head since prime minister John Key made the decision to sell up to 49% of three state-owned electricity companies.
This policy has already seen a concerted effort by Maori to argue for water rights in relation to hydro projects, in what some view as an attempt to derail the sale.
1840 - The date of the treaty under which the Maori are making their claim